Congress doesn't do much these days, but here's one bill that could command bipartisan support: a federal shield law protecting journalists against overzealous prosecutors.
The urgency behind this measure increased sharply when the Supreme Court declined to take the case of James Risen, a New York Times reporter who is facing jail time for refusing to reveal the confidential sources he used in a book about the CIA.
Risen’s last hope for avoiding prison is probably Attorney General Eric Holder, who could quash the subpoena Risen is resisting. "The ball is now in the government's court," said Joel Kurtzberg, the reporter's lawyer.
There is some hope Holder will act. He is clearly sensitive to charges the Obama administration has been far too quick to prosecute government leak cases, and he recently told a gathering of journalists, "As long as I'm attorney general, no reporter who is doing his job is going to jail."
But the rights of journalists to report -- and citizens to be informed -- should not depend on the goodwill of the attorney general. Those rights should be written into law.
As David Cuillier, president of the Society of Professional Journalists, noted, the Risen case "illustrates, in concrete terms, why Congress should move quickly. Ultimately, this isn't about protecting Risen or other journalists. It is about protecting the ability for Americans to receive the information they need to adequately self-govern."
Reporters should not have an absolute privilege to write or say anything they want at any time. A balance has to be struck between two profound American principles: knowledge and safety.
In fact, responsible journalists consult regularly with military and intelligence sources and, at the government's request, periodically withhold information that could damage national security.
At times, the only way reporters can pry loose the information that citizens need to "adequately self-govern" is through anonymous sources. And without a shield law, it's much harder for reporters to protect those sources and persuade them to talk.
Forty-nine states now have shield laws, but there are none at the federal level. Any shield law must resolve two thorny issues, and the first is who gets protected. In a world of user-generated and crowd-sourced information, the question "who is a journalist" -- and therefore deserves legal protection -- is tough to answer.
The second issue is national security. States don't have that problem, but the Feds do. Any fair -- and workable -- shield law must include a "carve out" that allows authorities, in cases of extreme sensitivity, to compel a journalist's cooperation.
The real point here is not to give journalists special treatment, but to give citizens special treatment. They can only hold their leaders accountable if they know what those leaders are doing. Governments can hide. But voters decide.
Steve and Cokie Roberts can be contacted by email at email@example.com.